Terms and Conditions

Terms and Conditions

1. General
a. This website is owned and operated by KasiMenu Pty Ltd (2018/515146/07)("KasiMenu"). Access to this Website, placing an order, use of software, use of mobile applications, or downloading software from this website is conditional upon Your acceptance to these Terms and Conditions of Use. These Terms and Conditions of Use affect Your rights and You should read them carefully.
b. If You do not agree to these Terms and Conditions of Use, please exit this Website/application.
c. Products sold through this Website are owned by the Merchants.
d. KasiMenu is the responsible party processing and approving your online order.
e. "Bank card" means a Credit card; Visa or MasterCard- and Debit card; Visa Electron or Maestro.
f. "KasiMenu" means any person or entity representing KasiMenu Pty Ltd (2018/515146/07).
g. "Merchant" means the food establishment that provides the food order to You.
h. "You" or "Your" refers to any person or entity using this Website to order goods and will be subject to these Terms and Conditions of Use.
i. "Website" means the website and/or mobile application You are accessing in order to place an online order.

2. Your Responsibility
a. You must read the Privacy Policy on this Website and agree to KasiMenus use of Your personal information in accordance with the Privacy Policy, and KasiMenus obligations under the South African Privacy Principles.
b. Ownership of the goods remains the property of the Merchant until payment has been approved or received.
c. You warrant that You are over 18 years of age.
d. You acknowledge that You are aware that it is an offense for any person under the age of 18 to buy or attempt to buy intoxicating liquor for themselves or anyone less than 18 years of age.
e. You acknowledge that orders for alcohol will not be accepted from You if You are under 18 years of age, and that proof of identify will be required on delivery of orders containing alcohol.
f. You warrant that any personal information provided by You is accurate in all respects. If Your personal information changes, You will immediately update any changes to Your personal profile.
g. You undertake not to use a false name or impersonate any other person or entity.
h. You agree that You have entered these Terms and Conditions of Use based on Your own skill and judgement and not on any representation, promise, statement or warranty made by KasiMenu.

3. KasiMenu
a. KasiMenu will comply with its obligations under section 14 of the Constitution of South Africa 1996.
b. KasiMenu will use its best undertakings to protect the security of Your information submitted and retained.
c. The technical goods and services provided by KasiMenu may be subject to errors, bugs, unexpected issues.
d. The times quoted for the delivery of the goods are estimates only and may be subject to change due to unforeseen circumstances.
e. KasiMenu is providing access to the Website on behalf of the Merchant and will not be responsible for the accuracy and reliability of the information contained therein.
f. The Merchant will be responsible for any warranty with respect to the goods supplied by KasiMenu on behalf of the Merchant.

4. Methods of Payment
a. Payment for the goods must be made either by cash to the Merchant on the collection of goods, or Bank card to KasiMenu on completion of the order(whichever is applicable).
b. If payment is made by Bank card, the order placed will not be placed or supplied to You until payment has been processed and approved.
c. All Pricing is in ZAR

5. Order Process
a. Saving unforeseen circumstances, once Your online order has been processed,it will be delivered within the specified time and dispatched or collected by You unless otherwise advised.
b. You will receive an electronic confirmation once Your online order has been processed.

c. Please note that some prices might be different from in-store prices and might include a differed service fee.


6. Delivery

a. You understand that:

i. deliveries to flats or apartments must be received by the apartment resident and cannot be left with other parties or in common areas of the building;

ii. the Merchant is responsible for ensuring that Your order is satisfactorily delivered;

iii. an itemized tax invoice with all charges will be provided to You on pick up or delivery of Your order;

iv. the Merchant may refuse to deliver goods to You as a result of Your delivery address being outside its area or territory;

v. You are responsible for collection of the goods if collected by pick up;

vi. delivery time may change depending on conditions at the time (eg traffic, weather, etc), therefore, there is no guarantee that an order will be delivered within any specified time frame;

vii. any queries or concerns with an online order must be directed to the Merchant; and

viii. if You paid for Your order by Bank card, You may be asked to present Your Bank card for visual inspection prior to handing over the goods.

b. It is also important that You understand that deliveries can be made by KasiMenu delivery drivers on behalf of Merchants or by delivery drivers employed by Merchants directly. The two entities are mutually exclusive.

c. If Your order is picked up or delivered in an unsatisfactory quality, You must bring Your concerns to the Merchant.
d. A Delivery Fee may by imposed by the Merchant and/or KasiMenu, and it will always be clearly identified and included in theTotal Price before checkout and/or payment.Fees are subject to change. Delivery fees are non-refundable in all circumstances.

 

7.Alcohol Orders

We operate a strict dare 21 age verification policy. If you look under the age of 21, please only place an order for alcohol if you have valid identification with you. We reserve the right to refuse delivery of alcohol to anyone who cannot prove they meet the minimum drinking age of 18. The forms of identification we accept are valid Passports, Driving Licenses and proof-of-age cards containing the PASS-hologram or any other relevant ID security feature. We reserve the right to refuse delivery of alcohol to any person who is, or appears drunk, or under the influence of drugs.

7. Refunds

a. Under the Consumer Protection Act You may seek a refund if goods:

i. are not fit for the intended purpose;

ii. do not match the description; or

iii. contain some defect.

b. If You believe that Your payment needs to be refunded, You must contact the Merchant with Your payment receipt and order number to request a refund.
c. Any refund will be made in the same form as the original payment.
d. If the Merchant agrees to a refund, the Merchant will either refund Your payment itself if payment was made by cash, have the cash credited to your KasiMenu account (KM Credits), or request a refund from KasiMenu with the order number, and KasiMenu will provide a refund to You within 24-72hours.
e. If any payment is dishonored or not received once the goods have been delivered, KasiMenu may seek to recover the outstanding debt, and charge You for all expenses incurred by KasiMenu in the recovery of all money outstanding. KasiMenu and the Merchant also reserve the right to discontinue the supply of goods to You in the future.

8. Cancellation
a. An order can only be cancelled through the Merchant at its discretion. You must contact the Merchant directly to cancel an order.
b. KasiMenu and the Merchant reserve the right to cancel the order and delivery of any goods at any time by notice delivered to You by email, SMS or telephone.

9. Liability and Limitation of Liability
a. The goods will remain the property of the Merchant until payment for the goods has submitted and approved.
b. After delivery, You take full responsibility for any damage, theft or otherwise to the goods.

c. KasiMenu shall not be responsible for any liability in relation to any direct, indirect, special or consequential damages or loses arising from:

i. Your access, use or inability to use the Website;

ii. Your liability to any third party;

iii. failure to deliver any goods or complete any task agreed upon for any reason;

iv. alteration or modification of the goods by anyone;

v. errors, mistakes or inaccuracies of content of the Website;

vi. any unauthorized access or use of the Website or secure servers and any information contained therein;

vii. any interruption or cessation to the transmission to or from the Website;

viii. any bugs or viruses transmitted to or through our website by any third party; or

ix. any product advertised or offered or sold by a Merchant through the Website.


10. Termination
a. KasiMenu reserves the right to decline Your order, terminate Your link to the Website, remove You as a user, prevent any further use if You breach these Terms and Conditions of Use, and You must cease use immediately.

11. Intellectual Property Rights

We (KasiMenu) are the owner of, or licensee of all intellectual property rights published on our website and associated with our business. These rights are protected by international copyright laws and treaties across the world and we reserve these rights. Any attempt to commercialize the intellectual property associated with our site or service, by means including but not limited to copying, reproducing and making public is wholly unacceptable and in contravention to presiding law.



12. Competition Terms & Conditions.

Competitions promoted or ran through KasiMenu (Pty) Ltd (KasiMenu) platforms (including but not limited to website, mobile applications and social media platforms), are open to residents of the Republic of South Africa aged 16 years or over, unless otherwise stated. If alcohol based competitions are promoted, automatically persons under the age of 18 are excluded. Employees of KasiMenu and their close relatives and anyone otherwise connected with the company, organization or judging of the competition will be excluded.


Some competitions may include an entry fee and/or purchasing of specific items to enter. Some may simply require comments, sharing or participation on our social media platforms to enter. 


By entering any of the competitions promoted or organized by KasiMenu, an entrant is indicating his/her agreement to be bound by these terms and conditions.


Routes to entry for competitions promoted and/or organized by KasiMenu may differ. Each competition will have its own stipulated rules and entry format. 


Some competitions will only accept one entry per person, while disqualifying multiple entries from the same person. Other competitions will permit multiple entries from the same person. 


Closing dates for entry of any competitions promoted and/or organized by KasiMenu will be stated. After closing dates, no further entries to the competitions will be permitted.


No responsibility can be accepted for entries not received for any reason whatsoever. 


KasiMenu reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of KasiMenu's control. Any amendments to the competition will be notified to entrants as soon as possible by KasiMenu.


KasiMenu is not responsible for inaccurate prize details supplied to any entrant by any third party connected with any competition.


Prizes will be stated and will likely differ per competition. Prizes are not transferable. Prizes are subject to availability and KasiMenu and competition organizers reserve the right to substitute any prize with another of equivalent value without giving prior notice.


Winners will be chosen in different ways depending on the type of competition.

- Some winners will be chosen randomly through computerized selection from all entries received and verified by KasiMenu and or its partners. 

- Some winners will be chosen as a result of a popular vote or polling conducted through social media as measured and recorded and verified by KasiMenu and or its partners. 

- Some winners will be choosen by an independent adjudicator or a panel of judges appointed by KasiMenu.


Winner(s) will be notified by email, push notification, direct messaging on Twitter/Facebook/Instagram and/or call within 21 days of the closing date. If the winner cannot be reached or does not claim the prize within 14 days of notification, KasiMenu and/or competition organizers reserve the right to withdraw the prize from the winner and select a replacement winner.


KasiMenu and/or competition organizers will notify the winner when and where the prize can be collected or is to be delivered.


KasiMenu and/or competition organizers decision with regards to all matters to do with the competition will be final and no correspondence will be entered into.


The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.


Entry into any competition promoted and/or organized by KasiMenu will be deemed as acceptance of these terms and conditions.